Discussion for article #234697
What kind of human being would go out to collect signatures for something as patently unconstitutional and utterly reprehensible as this proposal? Whoever that person collecting signatures would be: put them on a terrorist watch list across the nation, revoke their passports, deny them the right to fly, and cancel all state and federal financial aid and subsidized health insurance to them forever. Orange County lawyer Matthew Gregory McLaughlin should lose his license to practice law tomorrow.
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The same question should be asked about anyone who would sign such a petition. Remember, that signatures on an initiative petition must be accompanied by the signer’s full name and residence address, and the signed petitions become public documents.
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Regarding the contention this is a free speech issue, my answer is this is a ballot initiative process for potential laws, not necessarily a venue for “free speech,” per se. Take out an ad or wear a billboard just like those few nutty people do in nearly every downtown of California’s big cities or down at the bus stop, etc.
If I cannot make threats or yell “Fire” in a crowded theater, there is absolutely no reason to think the proper authorities–in this case, Kamala Harris–can’t put the kibosh on something like this.
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You know, even if you didn’t like gays, thought they were an abomination, whatever… isn’t proposing making it legal to kill them a much bigger sin?
These people are sick.
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It doesn’t make sense that they would have to put something on the ballot requiring illegal activity such as (in this case) murder. Are they saying that if I move to CA and propose a ballot measure requiring people to rob liquor stores on their way home from work on the first business day of every month, all I have to do is get the right number of signatures and it goes on the ballot? Well past time to re-write the law if that’s the case.
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A despicable human being who thinks killing people would be fun. That should be obvious.
Since this was first announced I never thought it would gain any support in the form of 300,000 signatures on petitions carried around by brain dead morons approaching the public saying Would you like to kill gays with a bullet to the head? If so, sign here. It’s reassuring to know Harris (who’s primed to be the next Barbara Boxer) isn’t going to just roll over but will fight it.
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“If the Court does not grant this relief, my office will be forced to issue a title and summary for a proposal that seeks to legalize discrimination and vigilantism.”
The word you were looking for is “murder.” It legalizes MURDER. Way to miss the point in an effort to use big words.
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Ms. Harris would make a very good senator for California!! I hope she runs!
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I don’t know much about A.G. Kamala Harris, but I like her already, (I’m not a Californian anymore, sadly, but love where I live now.). No decent state court bench would allow something as despicably unconstitutional as this to enjoy ballot position, but we’ve already seen “marriage discrimination” as in Prop H8 a few years ago in California. There’s no telling why that even was allowed to be a ballot question. Rights of citizens are NOT something we leave up to a popular vote, but somehow that escaped the Republicans in office at that time. Thank goodness for Jerry Brown and Kamala Harris these days. Question: can a state Attorney General move to disbar an attorney in California? Many states allow that. Of course, I am referring to Orange County lawyer Matthew Gregory McLaughlin; why should he be granted the right to practice law in California?
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I am so glad to see her take a proactive stance on this measure. This measure is so offensive.
This has got to be the most disgusting referendum of depraved indifference I have ever read about here or anywhere being proposed in the US. And that’s saying a lot, considering the massive waves of fetal pain bills, abortion clinic building measurement legislation, guns everywhere proposals, voter suppression efforts, and other forms of discrimination I’ve read about in the last several years.
Kudos to Kamala Harris for standing up for decency in California.
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It’s what Jesus would want.
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I’m glad she is pushing back. You would think there might be some kind of “inherent” disqualification of ballot initiatives that propose acts that would constitute murder under other provisions of California law, not to mention, advocating summary punishment without due process under either state or federal constitutional principles. I actually think there is some role for referenda, since I live in a state that is unusually restrictive about such matters, but the California process is out of control.
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It’s been suggested that because of the relative ease of putting such a heinous proposal out there for signatures the ballot initiative process has worn out its welcome and needs to be eliminated. This process lets lawmakers off the hook and puts the burden on uninformed voters to make law. It’s outlived its usefulness.
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AG Kamala Harris. The next junior Senator from the state of California.
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The Political and Social Cleansing Act.
Shall it be the law of California that those individuals who self-identify and/or register as a Republican or Libertarian (or any close offshoot, to be determined by election day) be rounded up and kept in detention camps, local jails, etc., until medical experts discover the cause of this affliction and develop a cure?
Detainees are to be treated humanely, fed three square meals daily and bathroom facilities. While detained, known couples may cohabitate but procreation will be strictly forbidden. Where it is decided by the proper authorities, individuals will undergo medical procedures to render the person functionally sterile. Re-orientation classes will be made available.
Individuals registered as Republican, Libertarian (or any number of the closely-related offshoot parties yet to be announced) are prohibited from voting for or against this initiative.
Thank you, Californians, for your support!
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The issue is complex.
The ballot initiative process in intended to bypass the state government to get laws made; to that end, letting the AG have any kind of say in what is allowed to be put on a ballot is disingenuous, as it gives the AG de facto control over the process. So, the AG has no authority to say no, even in a case like this.
Asking for declarative relief is about all she can do. We’ll see if it’s granted, but it has to be a decision she doesn’t make herself and isn’t made by any other elected official in California or it defeats the purpose.
I’m personally all for modifying the initiative process to include a mandatory judicial review for constitutionality prior to authorization for signature collection; make it something like a 3-panel of judges who have to unanimously agree for it to be dropped (essentially erring on the side of allowing an initiative to go through but also allowing a way to block something grossly unconstitutional like this). That review could be appealed to the state supreme court and SCotUS if needed, but I doubt most would.
As for disbarring: submitting and supporting the initiative, while disgusting, is not a gross breach of ethics as defined by the state bar (others have already looked into this), so it’s not really actionable. He’s doing what he’s legally allowed to do.
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Good summary of the problem. Thanks. A lot of people inside and outside of California don’t really understand the Initiative process and its purpose. AG Harris is doing the only thing she can legally do asking for declarative relief. I hope it is granted.
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The kind of human being who gets paid by the signature and doesn’t really care what the initiative is about. The CA initiative system pretty much lends itself to this.
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